IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ R.F.A. No.1483/2018 (SP) BETWEEN:
SMT. SARASWATHAMMA AGED ABOUT 57 YEARS, W/O. VENKATAMUNI, RESIDENT OF BUSALAKUNTE, MULBAGAL TALUK – 563 131.
KOLAR DISTRICT. ... APPELLANT (BY SRI SHESHADRI N.S., ADVOCATE) AND:
SRI RAGHAVA CHAR (SINCE DEAD BY L/R) 1(a) SMT. K. SAROJA AGED ABOUT 64 YEARS, W/O. LATE M.N. RAGHAVACHAR, NO.220, 10TH MAIN, 2ND CROSS, NAGENDRA BLOCK, SRINAGARA, BENGALURU. ... RESPONDENT (BY SRI K.J. JAGADEESH, ADVOCATE FOR R-1(a)) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28/06/2018 PASSED IN O.S.NO.254/2016 OF THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., MULBAGAL, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T The plaintiff in O.S.No.254/2016 has preferred this appeal assailing the judgment and decree passed by the Senior Civil Judge & JMFC, Mulbagal, dated 28/06/2018.
2. The aforesaid suit was filed by the plaintiff seeking specific performance of an agreement to sell dated 28/03/2016. By the impugned judgment and decree, the trial Court decreed the suit in part declining to grant the relief of specific performance by granting the alternative relief of refund of advance amount of Rs.13,50,000/- with interest at the rate of 6% per annum from the date of agreement till realization. Being aggrieved, the plaintiff has preferred this appeal.
3. Learned counsel for the appellant and respondent submit in unison that during the pendency of this appeal, parties have negotiated a settlement and that they intend to seek disposal of this appeal in terms of the settlement arrived at between the parties.
4. The parties are present before this Court.
They have been identified by their respective counsel.
When queried by this Court, they stated that they have indeed arrived at a settlement of their inter se dispute and that they have resolved the dispute by way of a settlement on their own free volition without there being any coercion or undue influence from any side. They further stated that the appeal may be disposed of in terms of the settlement arrived at between the parties.
5. Learned counsel for the respective parties further submitted that a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 has been filed and that the appeal may be disposed of in terms of the compromise arrived at between the parties.
6. The compromise petition is taken on record.
7. It is noted that it is signed by the respective parties and their counsel. The terms of compromise read as under:
“COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF CODE OF CIVIL PROCEDURE:
The appellant and L/R of the Respondent Jointly submits as hereunder:
1. The Appellant/Plaintiff had filed suit in O.S. No.254/2016, for specific performance of the Registered Agreement for sale dated 28.03.2016, vide doc. No.MBL-1-05097/2015-16, CD No. MBLD 194, registered in the office of Sub-Registrar, Mulbagal, against the Defendant/Respondent before the court below. The Court below partly allowed suit directing the Defendant/Respondent herein to pay the advance amount of Rs.15,50,000/- received along with 6% interest per annum vide its judgment and decree dated 28.06.2018. As against the said judgment and decree refusing to grant suit for specific performance, the Plaintiff/Appellant herein has preferred the above appeal.
2. At the intervention of well-wishers, friends and relatives the dispute over the suit schedule properties are amicably settled out of court and the above parties are reporting the said settlement.
3. The L/R of the deceased Defendant/Respondent namely Smt. K. Saroja admits that her husband executed Agreement for sale dated 28.03.2016, agreeing the alienate the suit schedule property for a total valuable sale consideration of Rs.15,50,000/- (Rupees fifteen lakhs fifty thousands only) and received a valuable sale consideration of Rs.13,50,000/- (Rupees thirteen lakhs fifty thousands only). The plaintiff/Appellant needs to pay a sum of Rs.2,00,000/- (Rupees two lakhs only) as a balance sale consideration. It is admitted that in the agreement of sale the deceased Defendant undertake to get RTC in his name and also get 11-
E sketch and other documents required for registration and execute the regular registered sale deed in favour of the Plaintiff/Appellant, but could not obtained such documents in-time. Meanwhile the Plaintiff/Appellant filed the suit.
4. Now the katha of the schedule property transferred in the name of the deceased Defendant/Respondent vide MR No.H-27/2018-19 and the same needs to transferred in the name of his wife i.e., Smt. K. Saroja. For the purpose of registration the L/R of the respondent also get 11-E sketch and other documents.
5. The L/R of the respondent admits execution of the Agreement for sale dated 28.03.2016, and she is ready to execute the regular sale deed in favour of the plaintiff/Appellant by receiving balance sale consideration of Rs.2,00,000/- (Rupees two lakhs only), by accepting the entire suit claim of the plaintiff.
6. The L/Rs of the respondent admits by receiving balance valuable consideration of Rs.2,00,000/-, she will execute the irrevocable Registered General Power of Attorney and get it registered in the office of Sub-Registrar, empowering the plaintiff/Appellant herein to get katha in the name of L/Rs of Respondent, and 11- E, sketch required for registration, for that purpose to file application, appeal, revision or any other proceedings before concerned authority, Tribunal or Court and also power of alienation either in the name of Plaintiff and any other person/s plaintiff intends to do. It is agreed by the L/R of the respondent since the entire sale consideration is received the said GPA to be executed in favour of the plaintiff is irrevocable in any circumstances.
7. The L/R of the respondent have accepted the earlier amount and the balance amount of Rs.2,00,000/- to be payable at the time of registration of GPA, from the Plaintiff in full settlement of the above suit claim.
WHEREFORE, the plaintiffs and the Defendant prays that this Hon’ble Court be pleased to record the above said settlement and decree the suit by granting relief Specific performance relief by allowing the above appeal in the interest of justice and equity.”
8. Learned counsel for the respondent submitted that the respondent is ready to execute the sale deed in the name of the appellant subject to the appellant paying a sum of Rs.2,00,000/- to the respondent being the balance sale consideration and in accordance with the conditions of the compromise petition.
9. Learned counsel for the appellant submitted that at the time of execution of the sale deed, the balance amount of Rs.2,00,000/- shall be paid to the respondent.
10. On perusal of the terms of the compromise, we find that the same are lawful. We do not find any legal impediment to accept the same. Hence, the compromise/settlement arrived at between the parties is accepted. The appeal is disposed of by modifying the impugned judgment and decree of the trial Court and by decreeing the suit filed by the plaintiff.
11. In view of the disposal of the appeal at this stage, the registry to refund 75% of the Court fee paid by the appellant to the appellant under Section 66(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958.
In view of the disposal of appeal, I.A.Nos.1/18 and 2/18 stand disposed.
Sd/- JUDGE Sd/- JUDGE S*